Case Number: CR Cases/1/2019
Parties: Directorate Of Enforcement versus M/S Jindal Steel And Power Ltd And Ors
Order Number: 81
Filing Date: Fri, 13 Jul 2018
Order Date: Wed, 18 Jan 2023
Order Description: COPY OF ORDER
Status: Arguments on Charge
Stage: Arguments on Charge
CC NO. 248/2019 (Old CC Nos. 44/2016 & 03/15) RC No. 219 2013 (E) 0006; Branch: CBI/EO-I/New Delhi CBI vs. M/s Jindal Steel and Power Ltd. & Ors. U/s. 120-B IPC, 120-B/420 IPC & Section 7, 12 & 13(1)(d) PC Act,1988
CC No. 314/2019 (Old CC No. 13/17)
RC No. 219 2015 (E) 0004; Branch: CBI, EO-I/New Delhi CBI vs. M/s Jindal Steel and Power Ltd. (JSPL) & Ors.
U/s 120-B/420 IPC
CRC No. 01/2019 (Old CRC No. 08/18)
ECIR No. 12/DLZO/2014;
Branch: Delhi Zonal Office, Zone-II.
ED vs. M/s Jindal Steel and Power Ltd. & Ors.
Offence u/s 3 and punishable u/s 4 PMLA, 2002
Ld. Counsel Sh. Rajesh Batra, Ld. Special PP Sh. N.K. Matta along with Ld. Advocates Sh. Ansh Singh Luthra, Sh. Prabhas Bajaj and Ms. Sonia Kukreja for Directorate of Enforcement (all through VC).
Sh. Gurpreet Singh Parwanda, Ld. Counsel for Applicant/Accused Sh. Naveen Jindal.
APPLICATIONS DATED 17.01.2023 ON BEHALF OF THE APPLICANT SH. NAVEEN JINDAL FOR SEEKING AN EXTENSION OF THE ORDER DATED 14.07.2022, THEREBY CONTINUING THE OPERATION OF THE ORDER DATED 13.03.2019 TILL CONCLUSION OF TRIAL AND ALSO SEEKING PERMISSION TO TRAVEL TO UK, SPAIN, GUINEA, MOZAMBIQUE, VENEZUELA, OMAN, UAE & ALGERIA FROM 26.01.2023 TO 06.02.2023.
This order shall dispose of the applications dated 17.01.2023 moved on behalf of applicant/accused Sh. Naveen Jindal praying (i) for extending the operation of order dated 14.07.2022, thereby continuing the operation of the order dated 13.09.2019 till conclusion of trial thereby permitting the applicant to travel abroad subject to applicant intimating this court three days prior to his visits abroad; and (ii) for permitting the applicant to travel to UK, Spain, Guinea, Mozambique, Venezuela, Oman, UAE & Algeria from 26.01.2023 to 06.02.2023 in connection with his business interests.
It is mentioned in the applications that the applicant/ accused Sh. Naveen Jindal for business interests is required to travel to UK, Spain, Guinea, Mozambique, Venezuela, Oman, UAE & Algeria from 26.01.2023 to 06.02.2023. The invitations in this regard are enclosed with these applications as Annexure A-4 (Colly) .
The applicant has mentioned in the applications the details of the addresses where he would be staying during the period of his aforesaid visits.
The applicant has mentioned that no prejudice shall be caused to the prosecution and/or any proceedings including trial before this Court shall be hampered/delayed in his absence as there are no dates fixed before this court during the said dates of travel. He undertakes that he will not dispute his identity and will not challenge the proceedings conducted during this period. It is further stated in the applications that he has instructed his Counsels not to seek any adjournment in the matter on the ground of his absence. The applicant has mentioned that he shall appear through his Counsel Sh. Rajeev Goyal and/or Mr. Gurpreet S. Parwanda on each and every date and
shall remain present himself as and when so directed and his presence is required in connection with the present three cases.
The applicant has also given his mobile number, where he would be always available/reachable.
On behalf of CBI and ED, reply is not filed but the applications have been opposed by Sh. A.P. Singh, Ld. DLA for CBI and Sh. Rajesh Batra, Ld. Counsel for ED. They submitted that the applications be disposed off taking into account the present facts and circumstances of the case and also subject to the condition that the proceedings should not be hampered during the period of his travel abroad.
This Court has considered the submissions made on behalf of Ld. Counsel for the applicant/accused, Sh. A.P. Singh, Ld. DLA for CBI and Sh. Rajesh Batra, Ld. Counsel for ED.
A perusal of records shows that the accused has traveled abroad several times in the past and returned to India to face the trial within the stipulated period. Out of three matters, only in one matter i.e. CC No. 248/2019, prosecution evidence was being recorded and applicant/accused has already undertaken that he will not dispute his identity and will not question the legitimacy of proceedings conducted in his absence and in the presence of his Counsel on the ground of his absence during such period of travel.
Therefore, in the considered opinion of this Court, the applicant/accused is entitled to permission of the Court to travel abroad to UK, Spain, Guinea, Mozambique, Venezuela, Oman, UAE & Algeria from 26.01.2023 to 06.02.2023.
The conditions for this permission shall be as under:-
The first prayer in the application is for extending the operation of order dated 14.07.2022, thereby continuing the operation of the order dated 13.09.2019 till conclusion of trial thereby
permitting the applicant to travel abroad subject to applicant intimating this court three days prior to his visits abroad.
Sh. A.P. Singh, Ld. DLA for CBI and Sh. Rajesh Batra, Ld. Special PP for ED have opposed the request of Ld. Counsel for applicant/accused Sh. Naveen Jindal for continuing the operation of orders dated 13.09.2019 and 14.07.2022 till conclusion of trial.
During the course of arguments, Sh. Gurpreet Singh Parwanda, Ld. Counsel appearing for applicant/accused Sh. Naveen Jindal submitted that the period for extending the operation of order dated 14.07.2022 be extended further for a period of six months only and not till conclusion of trial. Ld. DLA for CBI and Ld. Special PP for ED have not objected to the same.
Heard. Considered.
Considering the fact that the applicant/accused has to visit abroad frequently which necessitates filing of applications every time for seeking permission of this Court before leaving abroad, it is directed that orders dated 13.03.2019 and 14.07.2022 directing that before leaving the country the accused shall intimate the Court not later than three days before the actual date of journey about his travel plan, itinerary and his contact addresses during the said travel are further extended for a period of six months. The applicant Sh. Naveen Jindal shall also comply with other terms and conditions of orders dated 13.03.2019 and 14.07.2022 before traveling abroad every time.
However, it is made clear that the accused shall remain present on each date of hearing unless ordered otherwise.
Accordingly, orders dated 13.03.2019 and 14.07.2022 are restored further for a period of six months.
Put up the matters now on their respective next dates of hearing.
A copy of this order be given dasti to Ld. Counsel for applicant/accused, as prayed for.
ARUN BHARDWAJ Special Judge (PC Act) (CBI) Coal Block Cases-01, RADC, New Delhi/18.01.2023
(1) CNR NO. DLCT11-000949-2019
CC NO. 248/2019 (Old CC Nos. 44/2016 & 03/15)
RC No. 219 2013 (E) 0006; Branch: CBI/EO-I/New Delhi
CBI vs. M/s Jindal Steel and Power Ltd. & Ors.
U/s. 120-B IPC, 120-B/420 IPC &
Section 7, 12 & 13(1)(d) PC Act,1988
(2) CNR No. DLCT11-001302-2019
RC No. 219 2015 (E) 0004; Branch: CBI, EO-I/New Delhi
CBI vs. M/s Jindal Steel and Power Ltd. (JSPL) & Ors.
(3) CNR No. DLCT11-000452-2019
ED vs. M/s Jindal Steel and Power Ltd. & Ors.
18.01.2023
Present: Ld. DLAs Sh. A.P. Singh and Sh. Sanjay Kumar along
with Ld. Sr. PP Sh. N.P. Srivastava for CBI.
Ld. Counsel Sh. Rajesh Batra, Ld. Special PP Sh.
N.K. Matta along with Ld. Advocates Sh. Ansh Singh
Luthra, Sh. Prabhas Bajaj and Ms. Sonia Kukreja for
Directorate of Enforcement (all through VC).
Sh. Gurpreet Singh Parwanda, Ld. Counsel for
Applicant/Accused Sh. Naveen Jindal.
APPLICATIONS DATED 17.01.2023 ON BEHALF
OF THE APPLICANT SH. NAVEEN JINDAL FOR SEEKING
AN EXTENSION OF THE ORDER DATED 14.07.2022,
THEREBY CONTINUING THE OPERATION OF THE ORDER
DATED 13.03.2019 TILL CONCLUSION OF TRIAL AND ALSO
SEEKING PERMISSION TO TRAVEL TO UK, SPAIN,
GUINEA, MOZAMBIQUE, VENEZUELA, OMAN, UAE &
ALGERIA FROM 26.01.2023 TO 06.02.2023.
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This order shall dispose of the applications dated
17.01.2023 moved on behalf of applicant/accused Sh. Naveen Jindal
praying (i) for extending the operation of order dated 14.07.2022,
thereby continuing the operation of the order dated 13.09.2019 till
conclusion of trial thereby permitting the applicant to travel abroad
subject to applicant intimating this court three days prior to his visits
abroad; and (ii) for permitting the applicant to travel to UK, Spain,
Guinea, Mozambique, Venezuela, Oman, UAE & Algeria from
26.01.2023 to 06.02.2023 in connection with his business interests.
It is mentioned in the applications that the applicant/
accused Sh. Naveen Jindal for business interests is required to travel
to UK, Spain, Guinea, Mozambique, Venezuela, Oman, UAE &
Algeria from 26.01.2023 to 06.02.2023. The invitations in this regard
are enclosed with these applications as Annexure A-4 (Colly).
The applicant has mentioned in the applications the
details of the addresses where he would be staying during the period
of his aforesaid visits.
The applicant has mentioned that no prejudice shall be
caused to the prosecution and/or any proceedings including trial
before this Court shall be hampered/delayed in his absence as there
are no dates fixed before this court during the said dates of travel. He
undertakes that he will not dispute his identity and will not challenge
the proceedings conducted during this period. It is further stated in the
applications that he has instructed his Counsels not to seek any
adjournment in the matter on the ground of his absence. The applicant
has mentioned that he shall appear through his Counsel Sh. Rajeev
Goyal and/or Mr. Gurpreet S. Parwanda on each and every date and
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shall remain present himself as and when so directed and his presence
is required in connection with the present three cases.
The applicant has also given his mobile number, where
he would be always available/reachable.
On behalf of CBI and ED, reply is not filed but the
applications have been opposed by Sh. A.P. Singh, Ld. DLA for CBI
and Sh. Rajesh Batra, Ld. Counsel for ED. They submitted that the
applications be disposed off taking into account the present facts and
circumstances of the case and also subject to the condition that the
proceedings should not be hampered during the period of his travel
abroad.
This Court has considered the submissions made on
behalf of Ld. Counsel for the applicant/accused, Sh. A.P. Singh, Ld.
DLA for CBI and Sh. Rajesh Batra, Ld. Counsel for ED.
A perusal of records shows that the accused has traveled
abroad several times in the past and returned to India to face the trial
within the stipulated period. Out of three matters, only in one matter
i.e. CC No. 248/2019, prosecution evidence was being recorded and
applicant/accused has already undertaken that he will not dispute his
identity and will not question the legitimacy of proceedings conducted
in his absence and in the presence of his Counsel on the ground of his
absence during such period of travel.
Therefore, in the considered opinion of this Court, the
applicant/accused is entitled to permission of the Court to travel
abroad to UK, Spain, Guinea, Mozambique, Venezuela, Oman, UAE
& Algeria from 26.01.2023 to 06.02.2023.
Page 3 of 6
He shall intimate the court about his travel
plan in future not later than three days before actual
date of journey and also furnish complete itinerary.
He shall furnish FD for a sum of Rs. One crore
(Cumulatively in all the three cases i.e. RC No. 219
2013 (E) 0006 titled CBI vs M/s JSPL; RC No. 219
2015 (E) 0004 titled CBI vs M/s JSPL and ECIR No.
12/DLZO/2014 titled ED vs M/s JSPL)
He shall inform to the IO and the Court about
his arrival to India mentioning the details of the places
visited by him along with the other details of the
itinerary within seven days of his arrival. The
applicant/accused shall also file complete copy of his
passport alongwith the copy of Visa in the Court on his
return.
He shall not tamper with the evidence nor try to
influence any witness in any manner and will not use
the permission granted to him so as to hamper the trial
in any manner.
This permission shall be subject to other
applicable rules and will not be deemed as
directions to any authority except the permission
from the side of the Court.
His Advocate Sh. Rajeev Goyal/Sh. Gurpreet
Singh Parwanda shall undertake to accept notice from
the Court/IO, if any, on behalf of the applicant in his
absence and shall further undertake that in case the
presence of applicant is required during the aforesaid
period he shall immediately intimate the applicant and
the applicant shall return to India within 48 hours.
He shall intimate the Court about his contact
addresses where he would be staying and his
contact numbers.
The first prayer in the application is for extending the
operation of order dated 14.07.2022, thereby continuing the operation
of the order dated 13.09.2019 till conclusion of trial thereby
Page 4 of 6
permitting the applicant to travel abroad subject to applicant
intimating this court three days prior to his visits abroad.
Sh. A.P. Singh, Ld. DLA for CBI and Sh. Rajesh Batra,
Ld. Special PP for ED have opposed the request of Ld. Counsel for
applicant/accused Sh. Naveen Jindal for continuing the operation of
orders dated 13.09.2019 and 14.07.2022 till conclusion of trial.
During the course of arguments, Sh. Gurpreet Singh
Parwanda, Ld. Counsel appearing for applicant/accused Sh. Naveen
Jindal submitted that the period for extending the operation of order
dated 14.07.2022 be extended further for a period of six months only
and not till conclusion of trial. Ld. DLA for CBI and Ld. Special PP
for ED have not objected to the same.
Considering the fact that the applicant/accused has to
visit abroad frequently which necessitates filing of applications every
time for seeking permission of this Court before leaving abroad, it is
directed that orders dated 13.03.2019 and 14.07.2022 directing that
before leaving the country the accused shall intimate the Court not
later than three days before the actual date of journey about his travel
plan, itinerary and his contact addresses during the said travel are
further extended for a period of six months. The applicant Sh. Naveen
Jindal shall also comply with other terms and conditions of orders
dated 13.03.2019 and 14.07.2022 before traveling abroad every time.
However, it is made clear that the accused shall remain
present on each date of hearing unless ordered otherwise.
Accordingly, orders dated 13.03.2019 and 14.07.2022 are
restored further for a period of six months.
Page 5 of 6
These applications are accordingly disposed off.
Put up the matters now on their respective next dates of
hearing.
A copy of this order be given dasti to Ld. Counsel for
applicant/accused, as prayed for.
ARUN BHARDWAJ
Special Judge (PC Act) (CBI)
Coal Block Cases-01, RADC,
New Delhi/18.01.2023
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